Summary Relief from Administration: An Express Line in Probate Court

Probate Court could be an intimidating process for the first time. This is particularly true if you have been named the executor or administrator of an estate. In some situations, probate can require a lot of paperwork in order to resolve a deceased’s complex finances and assets. In other circumstances, there are ways to relieve yourself from having to fully administer an estate if the value of the estate qualifies for something called summary relief from administration.

When does it occur? 

Summary relief from administration can occur whether or not there is a surviving spouse. If there is a surviving spouse, the assets of the estate must total less than $45,000 when the spouse is eligible to receive all of the support allowance in an estate. In order to determine support allowance, the spouse should review Section 2106.13 of the Ohio Revised Code. In this situation, the funeral bill must either be prepaid or the surviving spouse must be required to pay for it.

If there is not a surviving spouse, summary relief can only be granted in the size of the estate is less than $5,000, and the person applying for summary release has or must later pay the funeral bill. The qualifying amount in this situation is low, and therefore may not match your particular circumstance.

Why do summary relief? 

There are several advantages for summary relief from administration. Specifically, as the name suggests, a summary relief allows you to quickly be granted the ability not to have the estate administered. This can make the probate process go much faster and can limit the amount of time actually spent in a probate courtroom. Additionally, summary relief is less expensive, and may result in less stress due to fewer steps needed in resolving the estate.

Does it matter if there is a will?

A summary relief from administration can occur whether or not there is a will involved for the deceased individual. If there is a will, however, it should be provided with the court along with the death certificate, proof of the funeral bill, and information about the property. The property information will likely include titles to vehicles and information involving bank and investment accounts associated with the deceased.
In order to obtain summary relief, you must properly apply for it and it must be approved by the court’s judge or magistrate. All of the living heirs, beneficiaries, and creditors must be properly notified in order to ensure that they are given an opportunity to raise any issues involving the estate. Once it is approved by the court, the process of transferring the property is relatively straightforward.

Summary relief from administration may not be available for everyone. However, it is not the only manner to obtain relief from having to fully administer an estate. It is important when preparing to open an estate to ask your attorney what process will be used. This will give you an idea of what is necessary and how to resolve the manner in the fastest way possible.